Wells Fargo Bank, National Association, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2006-WMC1, Mortgage Pass-Through Certificates, Series 2006-WMC1 v. Jenkins et al
| Wells Fargo Bank, National Association, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2006-WMC1, Mortgage Pass-Through Certificates, Series 2006-WMC1 |
| Charles Jenkins, All Occupants and Beverly T. Jenkins |
| 1:2021cv00030 |
| January 8, 2021 |
| US District Court for the Eastern District of Virginia |
| Theresa Carroll Buchanan |
| T S Ellis |
| Rent Lease & Ejectment |
| 28 U.S.C. § 1332 Diversity-Rent Lease & Ejectment |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on July 8, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 42 USCA Mandate re #36 Notice of Appeal. The judgment of this court, entered June 16, 2022, takes effect today. This constitutes the formal mandate of this court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. (swil) |
| Filing 41 USCA JUDGMENT as to #36 Notice of Appeal filed by Charles Jenkins. In accordance with the decision of this court, the judgment of the district court is affirmed. This judgment shall take effect upon issuance of this court's mandate in accordance with Fed. R. App. P. 41. (kgall) |
| Filing 40 Unpublished Opinion of USCA, decided on 6/16/2022 in re #36 Notice of Appeal attached copy of judgment will not take effect until issuance of the mandate - AFFIRMED. (kgall) |
Filing 39
ORDER of USCA as to #36 Notice of Appeal filed by Charles Jenkins. The court grants leave to proceed in forma pauperis. (choy, )
|
| Filing 38 USCA Case Number 21-2007 United States Court of Appeals for the 4th Circuit, Case Manager: Anisha Walker, for #36 Notice of Appeal- Order on Motion for Judgment on the Pleadings, Order on Motion to Dismiss, filed by Charles Jenkins. (choy, ) |
| Filing 37 Transmission of Notice of Appeal to US Court of Appeals re #36 Notice of Appeal (All case opening forms, plus the transcript guidelines, may be obtained from the Fourth Circuit's website at www.ca4.uscourts.gov) (choy, ) |
| Filing 36 NOTICE OF APPEAL as to #34 Order on Motion for Judgment on the Pleadings, Order on Motion to Dismiss, filed by Charles Jenkins. Filing fee $ 505 (not paid). (Attachments: #1 Envelope)(choy, ) |
| Assembled INITIAL Electronic Record Transmitted to 4CCA re #36 Notice of Appeal. (choy, ) |
| Filing 35 CLERK'S Federal Rules of Civil Procedure 58 JUDGMENT is hereby entered in favor of the Plaintiff, Wells Fargo Bank, National Association, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2006-WMC1, Mortgage Passthrough Certificates, Series 2006-WMC1 and against the Defendants, Beverly T. Jenkins, Charles Jenkins, and All Occupants. Signed by Clerk on 08/30/2021. (choy, )(c/s on 08/30/2021) |
|
Filing 34
ORDERED that plaintiff's motion for summary judgment #25 is GRANTED. Accordingly, plaintiff has sole title to the Property and can proceed through the proper procedures to effect ejectment of defendants. ORDERED that Defendant Charles Jenkins' motions to dismiss #28 #31 are DENIED. If a defendant wishes to appeal this decision, he/she must file a written Notice of Appeal with the Clerk of this court within fourteen (14) days of receipt of this Order. (See Order for Details). Signed by District Judge T. S. Ellis, III on 08/27/2021. (choy, )
|
| Filing 33 Minute Entry for proceedings held before District Judge T. S. Ellis, III: Motion Hearing held on 8/27/2021 re #25 MOTION for Judgment on the Pleadings or, in the Alternative, Motion for Summary Judgment (with Roseboro) filed by Wells Fargo Bank, National Association, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2006-WMC1, Mortgage Pass-Through Certificates, Series 2006-WMC1.Allison Melton appeared on behalf of the plaintiff.Charles Jenkins (Pro Se) appeared in person.Matter argued and taken under advisement. Order to follow. Court Reporter: R. Montgomery(tran) |
| Filing 32 Opposition to #31 MOTION to Dismiss filed by Wells Fargo Bank, National Association, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2006-WMC1, Mortgage Pass-Through Certificates, Series 2006-WMC1. (Melton, Allison) |
| Filing 31 MOTION to Dismiss Subject Matter jurisdiction, Statutes 8.01-229 E1/3, Statute 8.01-380, Statutes 50-73.10/53/59/Fraud Judicial Estoppel by Charles Jenkins. (Attachments: #1 Exhibits list, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4)(klau, ) |
|
Filing 30
ORDERED that the hearing on defendant's motion for judgment on the pleadings #25 is RESCHEULED from August 6, 2021 to August 27, 2021 at 10:00 a.m. Signed by District Judge T. S. Ellis, III on 07/26/2021. (tran)
|
| Reset Deadlines as to #25 MOTION for Judgment on the Pleadings or, in the Alternative, Motion for Summary Judgment (with Roseboro). Motion Hearing reset for 8/27/2021 at 10:00 AM in Alexandria Courtroom 900 before District Judge T. S. Ellis III. (tran) |
| Filing 29 Opposition to #28 MOTION to Dismiss filed by Wells Fargo Bank, National Association, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2006-WMC1, Mortgage Pass-Through Certificates, Series 2006-WMC1. (Melton, Allison) |
| Filing 28 MOTION to Dismiss per Civil Rules of Procedure 12 (B)(1)(3) by Charles Jenkins. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Letter)(klau, ) |
| Set Deadlines as to #25 MOTION for Judgment on the Pleadings or, in the Alternative, Motion for Summary Judgment (with Roseboro). Motion Hearing set for 8/6/2021 at 10:00 AM in Alexandria Courtroom 900 before District Judge T. S. Ellis III. (clar, ) |
| Filing 27 Notice of Hearing Date set for August 6, 2021 at 10:00 am re #25 MOTION for Judgment on the Pleadings or, in the Alternative, Motion for Summary Judgment (with Roseboro) (Melton, Allison) |
| Filing 26 Memorandum in Support re #25 MOTION for Judgment on the Pleadings or, in the Alternative, Motion for Summary Judgment (with Roseboro) filed by Wells Fargo Bank, National Association, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2006-WMC1, Mortgage Pass-Through Certificates, Series 2006-WMC1. (Attachments: #1 Exhibit 1)(Melton, Allison) |
| Filing 25 MOTION for Judgment on the Pleadings or, in the Alternative, Motion for Summary Judgment (with Roseboro) by Wells Fargo Bank, National Association, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2006-WMC1, Mortgage Pass-Through Certificates, Series 2006-WMC1. (Melton, Allison) |
|
Filing 24
ORDER granting #23 Motion to Withdraw as Attorney. Attorney Myra Abigail Benjamin terminated. Signed by Magistrate Judge Theresa Carroll Buchanan on 6/24/2021. (kgall)
|
| Filing 23 MOTION to Withdraw as Attorney by Wells Fargo Bank, National Association, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2006-WMC1, Mortgage Pass-Through Certificates, Series 2006-WMC1. (Attachments: #1 Proposed Order)(Benjamin, Myra) |
| Filing 22 NOTICE of Appearance by Allison Anastasia Melton on behalf of Wells Fargo Bank, National Association, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2006-WMC1, Mortgage Pass-Through Certificates, Series 2006-WMC1 (Melton, Allison) |
|
Filing 21
ORDER granting #16 Motion to Dismiss for Failure to State a Claim by Wells Fargo Bank, National Association, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2006-WMC1, Mortgage Pass-Through Certificates, Series 2006-WMC1. Defendant's Counterclaim is DISMISSED with prejudice as to defendant's "show me the note" claim. Defendant's Counterclaim is DISMISSED with leave to amend with respect to defendant's fraud claim. If defendant wishes to file an amended counterclaim with respect to his claim of fraud, he must meet the requirements of Rule 8(a) and Rule 9(b), Fed. R. Civ. P., and he must file his amended counterclaim no later than June 18, 2021. To the extent that defendant's Answer seeks to assert a "show me the note" defense or any defense of fraud, that portion of the Answer is STRICKEN. Signed by District Judge T. S. Ellis, III on 5/28/2021. (see Order for further details) (dest) (copy sent as directed in the Order)
|
|
Filing 20
Rule 16(b) Scheduling Order - Pursuant to the Rule 16(b) Conference it is ordered that Upon consideration of the representations made by Plaintiff Wells Fargo Bank National Association, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2006-WMC1, Mortgage Pass-Through Certificates, Series 2006-WMC1 (Plaintiff) in its Proposed Discovery Plan (Dkt. 19) and taking note of the Scheduling Order (Dkt. 15) entered in this case, the Court makes the following rulings: 1. All discovery shall be concluded by Friday, June 18, 2021. 2. The Proposed Discovery Plan filed by Plaintiff is approved and shall control discovery to the extent of its application unless further modified by the Court. Defendants Beverly T. Jenkins and Charles Jenkins (Defendants) did not submit a proposed discovery plan. 3. Although Defendants did not consent to Plaintiffs proposed discovery plan, they are hereby notified that they are bound by the terms of this Order, by all other orders entered before or after today, by the Local Rules of this Court and by the Federal Rules of Civil Procedure. 4. The pretrial conference scheduled for Wednesday, April 14, 2021 at 11:00 a.m. is cancelled. 5. All Fed. R. Civ. P. 26(a)(1) disclosures shall be completed by Wednesday, April 21, 2021. 6. No general objection may be asserted in response to any discovery demand except to preserve the attorney-client privilege and work product protection. (see Order for complete details) Signed by Magistrate Judge Theresa Carroll Buchanan on 4/9/21. c/s to pro se parties (tfitz, ) Modified on 4/9/2021 (tfitz, ).
|
| Filing 19 Proposed Discovery Plan by Wells Fargo Bank, National Association, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2006-WMC1, Mortgage Pass-Through Certificates, Series 2006-WMC1.(Benjamin, Myra) |
| Filing 18 Waiver of re #16 MOTION to Dismiss for Failure to State a Claim with Roseboro,. ORAL ARGUMENT by Wells Fargo Bank, National Association, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2006-WMC1, Mortgage Pass-Through Certificates, Series 2006-WMC1 (Benjamin, Myra) |
| Filing 17 Memorandum in Support re #16 MOTION to Dismiss for Failure to State a Claim with Roseboro,. (Counterclaim) filed by Wells Fargo Bank, National Association, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2006-WMC1, Mortgage Pass-Through Certificates, Series 2006-WMC1. (Benjamin, Myra) |
| Filing 16 MOTION to Dismiss for Failure to State a Claim with Roseboro,. by Wells Fargo Bank, National Association, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2006-WMC1, Mortgage Pass-Through Certificates, Series 2006-WMC1. (Benjamin, Myra) |
|
Filing 15
SCHEDULING ORDER:Initial Pretrial Conference set for 4/14/2021 at 11:00 AM in Alexandria Courtroom 500 before Magistrate Judge Theresa Carroll Buchanan.Discovery due by 6/18/2021.Final Pretrial Conference set for 8/5/2021 at 04:00 PM in Alexandria Courtroom 900 before District Judge T. S. Ellis III (If the parties do not file dispositive motions). Final Pretrial Conference set for 9/30/2021 at 04:00 PM in Alexandria Courtroom 900 before District Judge T. S. Ellis III (If the parties do file dispositive motions). Signed by District Judge T. S. Ellis, III on 03/15/2021. (Attachments: #1 Magistrate Consent Form, #2 Pretrial Notice)(tran)
|
| Filing 14 ANSWER to Complaint, COUNTERCLAIM against Wells Fargo Bank, National Association, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2006-WMC1, Mortgage Pass-Through Certificates, Series 2006-WMC1 by Charles Jenkins. (Attachments: #1 Exhibit, #2 Envelope)(klau, ) |
| Filing 13 Letter from Beverly Jenkins regarding relinquishing possession of property. (kgall) |
| Filing 12 SUMMONS Returned Executed by Wells Fargo Bank, National Association, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2006-WMC1, Mortgage Pass-Through Certificates, Series 2006-WMC1 as to Beverly T. Jenkins served on 1/25/2021, answer due 2/16/2021 (Benjamin, Myra) Modified text on 2/3/2021 (klau, ). |
| Filing 11 SUMMONS Returned Executed by Wells Fargo Bank, National Association, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2006-WMC1, Mortgage Pass-Through Certificates, Series 2006-WMC1 as to All Occupants served on 1/22/2021, answer due 2/12/2021 (Benjamin, Myra) Modified text on 2/3/2021 (klau, ). |
| Filing 10 SUMMONS Returned Executed by Wells Fargo Bank, National Association, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2006-WMC1, Mortgage Pass-Through Certificates, Series 2006-WMC1 as to Charles Jenkins served on 1/22/2021, answer due 2/12/2021 (Benjamin, Myra) Modified text on 2/3/2021 (klau, ). |
| Filing 9 Summons Issued for service by SPS as to All Occupants, Beverly T. Jenkins, Charles Jenkins. NOTICE TO ATTORNEY: Print out two electronically issued summons and one copy of the attachments for each defendant to be served with the complaint. (Attachments: #1 Notice)(klau, ) |
| Filing 8 Proposed Summons for All Other Occupants by Wells Fargo Bank, National Association, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2006-WMC1, Mortgage Pass-Through Certificates, Series 2006-WMC1. (Benjamin, Myra) |
| Filing 7 Proposed Summons for Charles Jenkins by Wells Fargo Bank, National Association, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2006-WMC1, Mortgage Pass-Through Certificates, Series 2006-WMC1. (Benjamin, Myra) |
| Filing 6 Proposed Summons for Beverly T. Jenkins by Wells Fargo Bank, National Association, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2006-WMC1, Mortgage Pass-Through Certificates, Series 2006-WMC1. (Benjamin, Myra) |
| Notice of Correction re #4 Proposed Summons, #3 Proposed Summons, #5 Proposed Summons, An incomplete document (missing counsel's name and address) was filed. The filing user has been notified to refile the document. (klau, ) |
| Initial Case Assignment to District Judge T. S. Ellis, III and Magistrate Judge Theresa Carroll Buchanan. (klau, ) |
| Filing 5 Proposed Summons to All Other Occupants by Wells Fargo Bank, National Association, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2006-WMC1, Mortgage Pass-Through Certificates, Series 2006-WMC1. (Benjamin, Myra) |
| Filing 4 Proposed Summons to Charles Jenkins by Wells Fargo Bank, National Association, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2006-WMC1, Mortgage Pass-Through Certificates, Series 2006-WMC1. (Benjamin, Myra) |
| Filing 3 Proposed Summons to Beverly T. Jenkins by Wells Fargo Bank, National Association, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2006-WMC1, Mortgage Pass-Through Certificates, Series 2006-WMC1. (Benjamin, Myra) |
| Filing 2 Financial Interest Disclosure Statement (Local Rule 7.1) by Wells Fargo Bank, National Association, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2006-WMC1, Mortgage Pass-Through Certificates, Series 2006-WMC1. (Benjamin, Myra) |
| Filing 1 Complaint against Beverly T. Jenkins, Charles Jenkins, All Occupants ( Filing fee $ 402, receipt number 0422-7575055.), filed by Wells Fargo Bank, National Association, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2006-WMC1, Mortgage Pass-Through Certificates, Series 2006-WMC1. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Civil Cover Sheet)(Benjamin, Myra) Modified text on 1/11/2021 (klau, ). |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Virginia Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
| Search for this case: Wells Fargo Bank, National Association, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2006-WMC1, Mortgage Pass-Through Certificates, Series 2006-WMC1 v. Jenkins et al | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: Charles Jenkins | |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: All Occupants | |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: Beverly T. Jenkins | |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Plaintiff: Wells Fargo Bank, National Association, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2006-WMC1, Mortgage Pass-Through Certificates, Series 2006-WMC1 | |
| Represented By: | Myra Abigail Benjamin |
| Represented By: | Allison Anastasia Melton |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
